Friday, October 21, 2016

Between
the dates of October 4 and October 6, seven individuals pleaded guilty
in Federal District Court in Portland, Maine, to trafficking more than
$1.9 million worth of juvenile American eels, also known as “elvers,” in
violation of the Lacey Act.

Yarann Im, Mark Green, John Pinkham, Thomas Reno, Michael Bryant and
George Anestis each pleaded guilty to selling or transporting elvers in
interstate commerce, that they had harvested illegally, or knew had been
harvested illegally, in various East Coast states, including Virginia,
New Jersey, Massachusetts, and Rhode Island, among others. Thomas Choi
pleaded guilty to exporting elvers that he knew had been harvested
illegally in New Jersey, Massachusetts, and elsewhere.

The guilty pleas were announced today by Assistant Attorney General
John C. Cruden for the Justice Department’s Environment and Natural
Resources Division and Director Dan Ashe of the United States Fish and
Wildlife Service (USFWS). The pleas were the result of “Operation
Broken Glass,” a multi-jurisdiction USFWS investigation into the illegal
trafficking of American eels.

“Without the robust enforcement of our nation’s wildlife laws,
trafficking in species like the protected American eel will undermine
vital marine resources to the point of no return,” said Assistant
Attorney General John C. Cruden for the Justice Department’s Environment
and Natural Resources Division. “The American eel is a unique and
economically important species in river systems along the U.S. east
coast. These convictions should send a strong message that we will
investigate and prosecute poaching as a serious crime, standing side by
side with our state law enforcement partners.”

“Skyrocketing prices for juvenile American eels in Asia have led to a
surge in poaching and trafficking in this unique species, threatening
to wipe it out in the rivers of the Northeast,” said Director Ashe.
“The prosecution of these poachers demonstrates our resolve to work with
our state and federal law enforcement partners to halt illegal trade in
American eels and sustain the species for future generations. The
success and scope of Operation Broken Glass would not have been possible
without this unparalleled collaboration, which will serve as a model
for future investigations.”

“Elver landings are one of Maine’s largest revenue producing marine
resources,” said Maine Marine Patrol Colonel Jon Cornish. “Strong
enforcement of both state and federal statutes are a key to the success
of this fishery. Maine Marine Patrol is proud to have been a
participant within Operation Broken Glass. These cases represent the
results of what can be accomplished when agencies partner effectively.”

“This investigation is an example of excellent collaboration between
wildlife law enforcement agencies at the federal, state, and local
level,” said Assistant Administrator Eileen Sobeck of NOAA Fisheries.
“NOAA’s Office of Law Enforcement will continue to support
investigations to ensure that those fishermen who obey the rules reap
the benefits of fair competition and those who do not are caught and
justice served.”

“The waters of New Jersey provide ideal conditions for migrating
juvenile American eels,” said Director Dave Chanda of the New Jersey
Department of Environmental Protection’s Division of Fish
&Wildlife. “Despite laws banning American eel harvest, New Jersey
continues to experience pressure from those looking to illegally target
this highly desired resource to meet overseas demand. In their pursuit
of financial gain, these individuals demonstrated deliberate
indifference to the health and viability of our state's natural
resource.”

Eels are highly valued in east Asia for human consumption.
Historically, Japanese and European eels were harvested to meet this
demand; however, overfishing has led to a decline in the population of
these eels. As a result, harvesters have turned to the American eel to
fill the resulting void.

American eels spawn in the Sargasso Sea, an area of the North
Atlantic Ocean bounded on all sides by ocean currents. They then travel
as larvae from the Sea to the coastal waters of the eastern United
States, where they enter a juvenile or elver stage, swim upriver and
grow to adulthood in fresh water. Elvers are exported for aquaculture
in east Asia, where they are raised to adult size and sold for food.
Harvesters and exporters of American eels in the United States can sell
elvers to east Asian buyers for more than $2000 per pound.

Because of the threat of overfishing, elver harvesting is prohibited
in the United States in all but three states: Maine, South Carolina and
Florida. Maine and South Carolina heavily regulate elver fisheries,
requiring that individuals be licensed and report all quantities of
harvested eels to state authorities.

Although Florida does not have
specific elver-related regulations, the limited population of elvers in
Florida waters makes commercial elver fishing impossible.

The seven defendants all illegally harvested, sold, transported, or
exported elvers, knowing they had been harvested in violation of state
law. Further, as a means of concealing the illegal sale and export of
elvers, the defendants used Maine or Florida eel harvest licenses,
whether theirs or someone else’s, to claim in required paperwork that
the elvers were obtained legally from Maine or Florida waters.

Elver
export declaration packages submitted to the USFWS included this false
documentation in order to disguise the illegal origins of the elvers and
to facilitate their export from the United States to buyers in east
Asia.

The offenses in the case are felonies under the Lacey Act, each
carrying a maximum penalty of five years’ incarceration, a fine of up to
$250,000 or up to twice the gross pecuniary gain or loss, or both.
Operation Broken Glass was conducted by the USFWS and the Justice
Department’s Environmental Crimes Section in collaboration with the
Maine Marine Patrol, South Carolina Department of Natural Resources Law
Enforcement Division, New Jersey Division of Fish and Wildlife Bureau of
Law Enforcement, Connecticut Department of Energy and Environmental
Protection Conservation Police, Virginia Marine Resources Commission
Police, USFWS Refuge Law Enforcement, National Oceanic and Atmospheric
Administration Office of Law Enforcement, Massachusetts Environmental
Police, Rhode Island Department of Environmental Management Division of
Law Enforcement, New York State Environmental Conservation Police, New
Hampshire Fish and Game Division of Law Enforcement, Maryland Natural
Resources Police, North Carolina Wildlife Resource Commission Division
of Law Enforcement, Florida Fish and Wildlife Conservation Commission,
Yarmouth, MA Division of Natural Resources, North Myrtle Beach, SC
Police Department and the Atlantic States Marine Fisheries Commission.

The government is represented by Environmental Crimes Section Trial Attorneys Cassandra Barnum and Shane Waller.

Thursday, October 20, 2016

U.S. Fish and Wildlife Service announced the
agency will expand fishing and hunting opportunities on 13 refuges
throughout the Service’s National Wildlife Refuge System.
The final rule also modifies existing refuge-specific regulations on
more than 70 other refuges and wetland management districts. This
includes migratory bird, upland game and big game hunting, and sport
fishing
.
In Colorado, hunting for elk will occur for the first time in
designated areas of Baca National Wildlife Refuge, as well as in
expanded areas of Alamosa National Wildlife Refuge and Monte Vista
National Wildlife Refuge.

“Sportsmen and sportswomen were among the first to champion
wildlife protection. Their efforts are the backbone of the North
American Wildlife Conservation Model — fish and wildlife belong to all
Americans, and they need to be managed in a way that will sustain their
populations forever,” said Director Dan Ashe. “We are pleased to offer new
opportunities for the continuance of a hunting and fishing tradition
that is in accordance with sustainable recreational use in the National
Wildlife Refuge System.”

The final rule also includes opening sport fishing of
state-regulated species for the first time at Lake Andes National
Wildlife Refuge in South Dakota, and expanding areas available for sport
fishing at Patoka River National Wildlife Refuge in Indiana.

The Service is responsible for managing more than 850 million
acres in the Refuge System, including five marine national monuments,
565 national wildlife refuges and 38 wetland management districts. The
agency manages hunting and fishing programs to ensure sustainable
wildlife populations, and other forms of wildlife-dependent recreation
on refuges, such as wildlife watching and photography.

In addition, the
Service’s Urban Wildlife Conservation Program,
launched in 2013, offers opportunities for residents of America’s
cities to learn about and take part in wildlife conservation.

There is a
national wildlife refuge within an hour’s drive from most major
metropolitan areas.

Hunting, fishing and other outdoor activities contributed more
than $144.7 billion in economic activity across the United States
according to the Service’s National Survey of Fishing, Hunting and Wildlife-Associated Recreation,
published every five years. More than 90 million Americans, or 41
percent of the United States’ population age 16 and older, pursue
wildlife-related recreation. The Service’s report Banking on Nature
shows that refuges pump $2.4 billion into the economy and support more
than 35,000 jobs. More than 48 million visits are made to refuges every
year.

“Hunting and fishing give families a chance to carry on
traditions that they have celebrated for generations,” Ashe added.
“These types of recreation also benefit local economies and generate
much needed additional funding for wildlife conservation by bringing
people into national wildlife refuges, as well as provide an important
connection between people and the outdoors.”

The Service’s final rule opens the following refuge to hunting for the first time:Colorado

Baca National Wildlife Refuge:
Open migratory game bird hunting, upland game hunting and big game
hunting. The refuge is currently closed to other public use activities.

The Service’s final rule opens the following refuge to sport fishing for the first time:South Dakota

In addition, the Service expands hunting and sport fishing on the following refuges:Colorado

Alamosa National Wildlife Refuge:
Expand migratory game bird hunting and open big game hunting. The
refuge is already open to migratory game bird hunting and upland game
hunting.

Monte Vista National Wildlife Refuge:
Expand migratory game bird hunting and open big game hunting. The
refuge is already open to migratory game bird hunting and upland game
hunting.

Indiana

Patoka River National Wildlife Refuge
and Management Area: Expand migratory game bird hunting, upland game
hunting, big game hunting and sport fishing. The refuge is already open
to migratory game bird hunting, upland game hunting, big game hunting
and sport fishing.

Black Bayou Lake National Wildlife Refuge:
Expand migratory game bird hunting, upland game hunting and big game
hunting. The refuge is already open to migratory game bird hunting,
upland game hunting, big game hunting and sport fishing.

Michigan

Detroit River International Wildlife Refuge:
Expand migratory game bird hunting, upland game hunting and big game
hunting. The refuge is already open to migratory game bird hunting,
upland game hunting and big game hunting.

New York

Montezuma National Wildlife Refuge:
Expand migratory game bird hunting and big game hunting. The refuge is
already open to migratory game bird hunting, big game hunting and sport
fishing.

Oklahoma

Washita National Wildlife Refuge:
Expand big game hunting. The refuge is already open to migratory game
bird hunting, upland game hunting, big game hunting and sport fishing.

South Carolina

Waccamaw National Wildlife Refuge:
Expand migratory game bird hunting, upland game hunting and big game
hunting. The refuge is already open to migratory game bird hunting,
upland game hunting, big game hunting and sport fishing.

To view a complete list of all hunting and sport fishing opportunities on refuges, click here. The final rule will become effective upon publication in the Federal Register on October 4, 2016.

Under the National Wildlife Refuge System Improvement Act of
1997, the Service permits hunting and fishing along with four other
types of wildlife-dependent recreation, including wildlife photography,
environmental education, wildlife observation and interpretation, when
they are compatible with an individual refuge’s purpose and mission. Hunting, within specified limits, is now permitted on 337 wildlife refuges. Fishing is now permitted on 276 wildlife refuges.

Monday, October 17, 2016

Anglers:
please don't fish the Esopus Creek from the Shandaken Portal to the
Ashokan Reservoir. (see attached map for area in question).

If you live near, or fish this section of the Esopus, you have no
doubt noticed how low the water level is and how brown and silt-laden
the water is.

Water from the Schoharie Reservoir feeds into the Esopus via the
Shandaken Portal. Drought has drastically reduced water levels in the
Schoharie Reservoir and last Friday, DEC decided to cut back on the
water entering the Esopus through the portal.

DEC Fisheries
staff are concerned that the muddy flow from the Portal would hurt the
stream ecosystem and threaten trout spawning which will soon be
underway.

As a result, water levels in the Esopus, which were already low, will
drop further. Fish in the Creek could be very vulnerable to anglers and
natural predators. Nonetheless, DEC staff believe that the trout will
be better off than if they try to spawn in mud-laden water.

DEC will continue to monitor conditions in the creek. We anticipate
that Emergency Regulations will be issued soon that will temporarily
prohibit fishing in the Esopus downstream of the portal to the Ashokan
Reservoir. We'll let you know when this happens.